I am a guarantor to a housing loan of around 13 lacs to my uncle. From last two years they are missing several EMIs and aeound 1,22,000 got deducted from my account till date. I can't change my salary account since I'm in a govt job. I hv tried talking to them several times but of no avail. What's the way out? Kindly suggest also i hv no other financial liabilities.
Ans: . Being a guarantor comes with serious financial responsibility. You are shouldering a housing loan of Rs.?13 lakhs for your uncle. Over the last two years, EMIs were missed, and Rs.?1,22,000 has been deducted from your salary account based on the guarantee. Since you are in a government job, you cannot change your salary account. You have no other liabilities. Now you need a clear plan to protect your financial interest and ensure resolution. Let us assess and guide you with a thorough and actionable roadmap.
Understanding Your Current Situation
You are guarantor for a home loan of Rs.?13 lakhs.
EMI defaults led to deductions totalling Rs.?1.22 lakhs.
Salary account deductions will continue unless resolved.
You cannot change salary account due to government rules.
You have no other borrowing liabilities.
You must act now to protect your salary and financial well-being.
Why This Needs Immediate Attention
No limit on EMI deduction until loan closure.
Each deduction weakens your monthly cash flow.
Defaults impact your CIBIL score.
You, as guarantor, are legally liable.
Left unchecked, deductions can escalate quickly.
Thus, prompt intervention is needed to prevent future financial damage.
Step 1 – Open Dialog With Your Uncle Again
Though earlier talks didn’t work, try again with structured approach:
Choose a calm, private moment to talk.
Explain how EMI deductions impact your finances.
Ask for a clear repayment timeline and mode.
Seek commitment for monthly contributions to bridge gaps.
If immediate funding is not possible, consider small interim payments towards the defaulted amount.
If he agrees to partial payments, it may reduce future salary deductions.
Step 2 – Approach the Bank for Moratorium or Restructuring
Speak to the lending bank as soon as possible:
Explain the guarantor's recurring EMI deductions.
Request a moratorium for 3–6 months to pause deductions.
Or apply for loan restructuring to adjust EMI or tenure.
Provide bank documents to support your inability to pay current EMIs.
Share proof of your own financial limits (salary slips, etc).
A temporary pause or restructuring can restore your salary inflow.
Step 3 – Formalize Agreement With Your Uncle
If your uncle is reluctant to cooperate:
Write a simple Letter of Undertaking demanding regular payment.
Set repayment schedule for the outstanding dues.
Ask for postdated cheques or bank instructions for monthly payments.
Keep all communication in written form (messages, emails, signed notes).
This creates an official record to support your position.
A documented agreement may compel accountability.
Step 4 – Guard Your CIBIL & Salary Account
Two critical actions to maintain your financial health:
Request the bank not to report you as defaulter if the uncle repays.
Monitor your CIBIL credit score carefully, to avoid damage.
Keep your salary budgeted assuming current deductions.
Build a small monthly buffer (Rs.?5,000–10,000) to absorb EMI hits.
This helps cushion against unexpected deductions and maintain your credit history.
Step 5 – Seek Legal Advice If Required
If bank doesn’t cooperate or uncle refuses payment:
A legal notice to your uncle may be required.
You may file a recovery case or small claims motion.
Ensure legal counsel confirms your rights in guarantor responsibility.
Provide documented proof of defaults and your communications.
Resort to this only after amicable steps fail, to avoid family conflict.
Step 6 – Escalation to Higher Authorities
If the bank ignores your request:
Write to the bank’s grievance redressal officer.
If unresolved, escalate to their ombudsman.
As a government employee, you are within central salary system—banks respect such representations.
Attach evidence of deductions and prior communications.
This path may bring quicker external resolution.
Step 7 – While It Gets Resolved, Plan for the Unexpected
Even amid resolution attempts:
Keep your own living expenses budgeted to account for deductions.
Reduce discretionary spending, so salary deductions don’t disrupt finances.
Avoid taking new loans or making large purchases.
Maintain a monthly emergency buffer (Rs.?10,000), to offset unexpected EMI hits.
This ensures you don't enter financial stress despite deductions.
Step 8 – Post-Resolution Strategy
Once issue is resolved:
Confirm bank stops deductions formally in writing.
Ask uncle to settle defaulted amount by self-payment.
Ensure your salary account is enjoying regular balance again.
Arrange for no further debt liability on your part.
Rebuild your personal emergency fund if affected.
This restores your financial independence and peace.
Step 9 – Prevent Future Liability Risk
After this issue is resolved, safeguard yourself:
Do not act as guarantor again.
Advise family to seek alternate loan applicants or collateral.
Explain how guarantee can affect salary and credit in future.
Encourage them to improve creditworthiness and approach loan independently.
This will prevent similar trouble from recurrence.
Step 10 – If Salary Deduction Continues Unable to Resolve
In rare cases where bank refuses to revise:
You may have to escalate via government payroll manager.
A payroll attachment may be misapplied; call your HR/payroll team.
They can intervene with the bank to stop direct deductions.
Government payrolls are protected by specific rules—bank cannot deduct at will.
This route gives administrative pressure on the bank.
Step 11 – Roadmap Timeline Summary
First 2 weeks: Talk more formally with uncle; collect written undertaking.
Weeks 3–6: Approach bank with proof and request moratorium/restructuring.
Weeks 7–10: If no solution, escalate through bank grievance/ombudsman.
Month 4: Consider legal notice if uncle refuses payment.
After resolution: Ensure bank stoppage, rebuild buffer, and official confirmation.
A structured timeline keeps actions organised and clear.
Final Insights
You are showing responsibility in addressing this challenge head-on. As guarantor, your salary and credit are at stake. Immediate steps with your uncle and the bank are critical. Moratorium or restructuring can offer quick relief. If necessary, escalate through grievance channels or legal means. Throughout, protect your own monthly budget and CIBIL score. Once resolved, do not repeat guarantee arrangements. This structured action can restore your financial stability without compromising peace of mind.
Stay firm and persistent. You’ve taken the right first step by seeking guidance. With disciplined action and clarity, this situation can be resolved without damaging your financial well?being.
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment